Alabama Consumer Law Blog

Debt collectors - collection agencies, collection law firms, debt buyers, etc - cannot threaten to do anything that they:

1. Don't intend to do; or
2. Can't do.

It is illegal under the Fair Debt Collection Practices Act (FDCPA) to sue a consumer after the statute of limitations has expired.

So, it is illegal to threaten to sue after the time period has expired.

We have seen many consumers intimidated into paying debts they don't have to or that they don't owe for fear of being sued by a debt collector.

Know your rights.

Take action.

This is the best way to fight back against abusive law breaking debt collectors.

You are welcome to request our free book on "Stopping Abusive Collectors" which explains in more detail how to fight back against collectors that violate the Fair Debt Collection Practices Act (FDCPA).

Feel free to contact us through our website or you can call us at 205-879-2447.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

Don't fall for the myth that "I owe this debt so I don't have any protection from the law against abusive debt collection."

That's one of the central reasons Congress, over 30 years ago, passed the Fair Debt Collection Practices Act (FDCPA) - to protect consumers who owe debts from dishonorable and abusive debt collectors.

You are welcome to request our free book on "Stopping Abusive Collectors" which explains in more detail how to fight back against collectors that violate the Fair Debt Collection Practices Act (FDCPA).

Feel free to contact us through our website or you can call us at 205-879-2447.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

Deepak Gupta has an excellent post on how the United States Supreme Court has ruled in a way to hurt consumers who seek justice but are prevented from doing this by arbitration agreements.

Take a look at the video and the post by Deepak - he does good stuff.

Let your senator know about this type of injustice.

Thank you.

John Watts

Monica, an Alabama consumer, discusses her experience with abusive debt collectors and how she felt after contacting our firm.

You are welcome to request our free book on "Stopping Abusive Collectors" which explains in more detail how to fight back against collectors that violate the Fair Debt Collection Practices Act (FDCPA).
Feel free to contact us through our website or you can call us at 205-879-2447.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

Here's the basic difference between a verdict and settlement:

A verdict is where the court has decided who wins and how much the other side will pay the winning side.

A settlement is an agreed upon resolution. It can involve money and also non monetary aspects - such as setting aside a wrongful foreclosure, removing false credit reporting, etc.

I hope this has been helpful to you.

Feel free to contact us through our website or you can call us at 205-879-2447.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

Mike talks about his experience with an abusive debt collector who was calling his cell phone.

You are welcome to request our free book on "Stopping Abusive Collectors" which explains in more detail how to fight back against collectors that violate the Fair Debt Collection Practices Act (FDCPA).
Feel free to contact us through our website or you can call us at 205-879-2447.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

Debt collectors and mortgage companies (including mortgage servicers) often use fraud against Alabama consumers.

In this video I give you an overview or big picture look at what fraud is in Alabama and what you have to prove in order to be successful in a fraud lawsuit or counterclaim.

We have found the fraud law to be a powerful weapon against debt collectors who lie (for example to obtain a payment from you) and especially against mortgage companies who lie about stopping a foreclosure, etc.

The four basic requirements include:

*Mis-statement or a lie;
*Concerning a material (important) fact;
*Your reliance upon the lie is appropriate (you did not close your eyes to the truth); and
*The fraud actually damaged or harmed you.

I hope this has been helpful - we will include more information on fraud but hopefully this is enough to give you a quick overview.

Feel free to contact us through our website or you can call us at 205-879-2447.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

When you are sued for ejectment (after a foreclosure) in Alabama, the first most common mistake is to not answer the complaint. The second most common mistake is to give up by assuming there is nothing you can do after a foreclosure.

If there has been a wrongful foreclosure, then the ejectment lawsuit is a perfect time to bring these issues up.

Don't believe all of the people who tell you it is too late - or who question your ability to fight a wrongful foreclosure.

To help you understand this area of the law a little bit better in Alabama, you can request our book (at no charge) - "The Five Most Common Mistakes Alabama Consumers Make When Sued For Ejectment" please fill out the form below:

If you would like more information on foreclosures, please check out our articles The Three Stages Of Foreclosure In Alabama and Wrongful Foreclosures In Alabama.

If you have further questions or concerns, feel free to contact us through our website or by calling 205-879-2447.

To get an overview of the five mistakes - read our blog post and watch the video here.

Many Alabama consumers face abusive debt collectors - its just part of the package that comes with an economic downturn.

She discusses her experience not only with the abusive collector but also her experience in hiring us to help her deal with the situation.

If you live in Alabama and would either like our book - Little Known Ways To Stop Abusive Debt Collectors - or you would like to set up a free consultation with us - call us at 205-879-2447 or contact us through our website.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

Here's the reason to use some type of collection log - to help you track the calls and other communications from debt collectors.

Remember - if a company is willing to break the law - then it is willing to lie about breaking the law. Your collection log will help these abusive debt collectors "remember" the illegal conduct they committed against you.

So if you are facing violations of the Fair Debt Collection Practices Act (FDCPA) or Telephone Consumer Protection Act (TCPA), then consider using a collection log to help track the abuses.

If you have further questions or concerns or would like our free book on stopping abusive debt collectors, feel free to contact us through our website or by calling 205-879-2447.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

Best wishes,

John Watts
Birmingham, Alabama

It may not make sense but this is the law - you have to dispute directly with the credit reporting agencies - the national ones include Trans Union, Innovis, Experian, and Equifax.

You can and should also send a dispute to the furnisher of information (i.e. the creditor or collector) but if you do not send it to the reporting agency, then there is no obligation on the furnisher to do anything.

Crazy but that's the political process folks....

Remember when you send a dispute to do it by certified mail, return receipt requested.

If you live in Alabama, feel free to contact us through our website or you can call us at 205-879-2447 if you have any questions.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

Remember that line from the movie "Show me the money!" - that's the answer.

Plain and simple. You are not the customer of Equifax, Experian, Innovis, or Trans Union.

Instead the companies supplying the false information are - and they pay well. You don't.

So when it comes down to the reporting agencies believing you or their customer . . . well, you generally lose.

Doesn't make it right - and you can sue when this happens - but this is reality....

Feel free to contact us through our website or you can call us at 205-879-2447.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

Many Alabama consumers want to know exactly what happens when they dispute false information on their credit reports - in this video we take you "behind the scenes" to what actually happens.

It is ridiculous to call what the reporting agencies - Equifax, Experian, Innovis, or Trans Union - do a true "investigation" but nevertheless this video explains the real story.

Feel free to contact us through our website or you can call us at 205-879-2447.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

When you are dealing with credit report errors, after you first pull your reports, and then review them for inaccuracies, the third step is to dispute the false information to Equifax, Experian, Innovis, and Trans Union - the national credit reporting agencies.

The addresses to dispute can be found online but the safest approach is to use the address provided on each credit report that you pulled and then reviewed.

Send your disputes by certified mail, return receipt requested to the bureaus and also to whatever creditor or debt collector ("furnisher") is providing false information. Keep a signed copy for your records.

Feel free to contact us through our website or you can call us at 205-879-2447.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

After you have pulled your credit reports from Equifax, Experian, Innovis, and Trans Union, then you need to carefully review those reports to see what is accurate and if there is any false information on your reports.

You can watch our video on the overview of the Five Steps To Correct Credit Report Errors here or you can watch our video on the first step which is to pull your credit reports.

Feel free to contact us through our website or you can call us at 205-879-2447 if you have any questions about credit report errors.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

This story helps explain, at least in part, why debt collectors will abuse consumers and why mortgage companies will try to steal the homes of consumers.

Feel free to contact us through our website or you can call us at 205-879-2447.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

To know how to correct credit report errors you first have to pull your reports. You might as well pull your reports for free if you haven't already done so in the last twelve months.

Go to Annual Credit Report and Innovis to pull your reports for free.

Next, you'll need to review your reports but first make sure you have pulled them.

You can watch our video on the overview of the Five Steps To Correct Credit Report Errors here.

Feel free to contact us through our website or you can call us at 205-879-2447.

You can join our Facebook Fan Page - Alabama Consumer Protection Attorneys where we share useful information about the same types of issues that we cover in this blog.

You can also sign up for our free email newsletter sent out every Thursday morning - we cover topics such as the one in this post. We would love to include you! Just fill out the form below:

We have blogged and written about the fact that debt buyers normally can't or won't prove that they own the debt but it still is remarkable that we see time and time again that at trial the debt buyer has no proof.

I don't mean the proof is not persuasive. I mean there is no proof. No witness that can testify. No documents to introduce into evidence.

Why?

Money. Its all about the money.

Costs money to bring in witnesses and to actually have proof that the alleged debt is owned by the debt buyer and owed by the consumer. Since so many people don't answer the lawsuits - and therefore receive a default judgment against them - why should the debt buyers spend money on actually proving their case?

Remember in your case they may be able or willing to prove their case - but I haven't seen it yet.

If you would like more information, and in particular our free report on the Five Secrets Debt Buyer's Don't Want You To Know About, contact us at 205-879-2447, through our website, or by filling out the form below. We wish you the best!

If we don't answer the lawsuit (the complaint) then the mortgage company wins. Even if the foreclosure was bogus. Even if the foreclosure came about by fraud. If you don't answer the lawsuit, you lose.

Many people come to see us who don't answer and the court enters a default judgment against them. The time runs out to set aside that default judgment and then they show up at our office. There is nothing we can do.

Don't make this mistake. Instead fight back - at least answer the lawsuit.

To help you understand this area of the law a little bit better in Alabama, you can request our book (at no charge) - "The Five Most Common Mistakes Alabama Consumers Make When Sued For Ejectment" please fill out the form below:

If you would like more information on foreclosures, please check out our articles The Three Stages Of Foreclosure In Alabama and Wrongful Foreclosures In Alabama.

If you have further questions or concerns, feel free to contact us through our website or by calling 205-879-2447.

To get an overview of the five mistakes - read our blog post and watch the video here.

We've already discussed that debt buyers can legally buy your old debt but this doesn't mean it can prove it owns your debt. One huge problem is that more than one debt buyer can claim to own your debt. Folks, that's impossible!

Only one company can own the debt. If two claim to own it then one is lying or both are lying. The records kept are so sloppy and so incomplete often these debt buyers who so arrogantly claim "Of course we own this debt - how dare you suggest otherwise!" start stumbling all over themselves when they get caught lying.

This is why you should never assume the debt buyer truly owns your debt - you don't know and the lawyer suing you on behalf of the debt buyer doesn't know. Make the debt buyer itself prove it owns the debt.

If you would like more information about how to do this in Alabama, check out our free report on the Five Secrets Debt Buyer's Don't Want You To Know About, contact us at 205-879-2447, through our website, or by filling out the form below. We wish you the best!